Fullerton Municipal Code Ch. 5.03 Food Handling Business

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FOOD PROCESSING ESTABLISHMENT. As defined in Cal. Health and Safety Code § 111955.

HEALTH DEPARTMENT or DEPARTMENT. The public health and medical services of the County Human Services Agency.

HEALTH OFFICER. The County Health Officer, or his or her deputy or assistant duly authorized to act in his or her behalf in case of his or her absence or incapacity.

INSPECTOR. A sanitarian, as defined in Cal. Health and Safety Code § 106600, employed by the Health Department, or the Health Officer, or any Deputy Health Officer authorized to inspect premises or equipment for the enforcement of this chapter.

MOBILE FOOD-PREPARATION VEHICLE. Any vehicle or portable food service unit upon which food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.

PREMISES. Includes land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises.

VENDING MACHINE. As defined in Cal. Health and Safety Code § 113938.

VENDING MACHINE BUSINESS. The business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located.

(Ord. 1915, passed - -1973; Ord. 2297, passed - -1979)

(A) It is unlawful for any person or other legal entity to operate any restaurant, itinerant restaurant, mobile food preparation vehicle, vehicle, vending- machine business, bakery, food processing establish- ment, ice plant, self-contained ice plant or act as an ice distributor without first applying for and receiving a food vending permit issued by the Health Department under the provisions of this chapter. Retail food production and marketing establishments shall not be subject to the provisions of this chapter.

(B) Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this chapter and such other information as the Health Department may require. Applicants for a permit to operate a mobile food-preparation vehicle shall, in addition, provide a list of three service stops, which shall include the address or exact location and time of each stop. A revised list shall be submitted whenever changes occur.

(C) No permit shall be granted, renewed or reinstated unless the Health Department determines, upon making an investigation, that the place of business for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be, unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public.

(D) Nor shall a permit be granted, renewed or reinstated unless the Health Department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the Cal. Health and Safety Code, of this chapter and of all rules and regulations promulgated under § 4-4-28 of the codified laws of the County of Orange, and that said premises are capable of being operated in accordance with such laws and regulations.

(E) Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar year. Each permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued.

(F) Any permit previously issued to a mobile food-preparation vehicle shall be suspended beginning 90 days after the effective date of this division (F) unless the permittee presents such vehicle to the Health Department and the Health Department certifies that such vehicle is in full compliance with the applicable requirements of §§ 5.03.075 and 5.03.077 of this code as well as all other applicable provisions of the Cal. Health and Safety Code and of this chapter. The Health Officer may grant an extension of time for compliance with the aforesaid requirements of §§ 5.03.075 and 5.03.077 if he or she finds that the applicant has made a good faith effort to comply but cannot do so for reasons beyond his or her control, such as inadequate capacity of equipment fabrication contractors. In such instances, the applicant shall present a written request for an extension, documenting the steps already undertaken, the reasons compliance cannot be achieved within the prescribed time period, and a timetable for full compliance. Extensions shall not be granted for compliance with the requirements of § 5.03.077 concerning the design and construction of lids for deep-fat fryers.

(Ord. 1915, passed - -1973; Ord. 2297, passed - -1979)

Prior to construction, conversion or alteration of any food establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the city, three copies of the plans and specifications therefor shall be submitted to the Health Department. The Health Officer or his or her authorized deputy shall thereafter issue his or her certificate stating what modifications, if any, he or she deems required for compliance with applicable laws and ordinances.

(Ord. 1915, passed - -1973)

The Building Department of the city shall notify the Health Department when plans are received to build or remodel a food establishment. A building permit shall not be issued until the Health Department has approved the plans.

(Ord. 1915, passed - -1973)

(A) All food-handling establishments for which a permit is required by this chapter shall be constructed, equipped, operated and maintained so as to comply with the pertinent sections of the Cal. Health and Safety Code. In addition, at least a single-compartment janitorial sink with hot and cold running water, or other approved facilities shall be provided for general clean-up purposes.

(B) A hand lavatory shall be provided in each food preparation and packaging area for employees.

(Ord. 1915, passed - -1973)

A permit issued under this chapter may be suspended, under the procedure set forth in §§ 5.03.070 through 5.03.100 for any of the following reasons:

(A) Violation of state law;

(B) Violation of this chapter; or

(C) Upon a recommendation for revocation of the permit, pending a hearing thereon.

(Ord. 1915, passed - -1973)

When any of the aforesaid laws, this chapter or rules and regulations have been violated, an inspector may serve written notice thereof entitled “Notice of Violation,” specifying:

(A) The acts and conditions constituting each violation;

(B) The provision or provisions violated thereby;

(C) The corrective steps required;

(D) The date by which all such corrections must be completed, allowing a reasonable period therefor;

(E) The permittee has a right to a hearing, upon request; and

(F) If no hearing is requested, and if the Health Department does not receive notice that all such corrections have been made before 9:00 a.m. of the date named under division (D) above, or within 15 days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected.

(Ord. 1915, passed - -1973)

In addition to all other applicable provisions of the Cal. Health and Safety Code and of this chapter, mobile food-preparation vehicles shall comply with the following requirements.

(A) Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters and similar equipment shall be installed so as to be accessible only from the outside of the vehicle.

(B) All equipment installed in any part of the vehicle shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

(C) All equipment installed within the interior of the vehicle, including the interiors of cabinets or compartments, shall be constructed so as to be free of sharp or jagged edges.

(D) All utensils shall be stored so as to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife-holder shall be provided to avoid loose storage of knives in cabinets, boxes or slots along counter aisles. Knife-holders shall be designed to be easily cleaned and be manufactured of materials approved by the Health Officer.

(E) Ceiling light fixtures shall be recessed or flush-mounted and sealed and shall be equipped with safety covers approved by the Health Officer. The minimum clearance from the floor to the light fixture shall be at least 188 centimeters (76 inches) or the fixture shall be installed out of the traffic aisle or work area.

(F) High-voltage (110-220 v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet or switch, as to prevent the use of extension cords exceeding 183 centimeters (six feet). Outside electrical connection receptacles shall be of weatherproof design with cover.

(G) Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisleway is utilized, it shall fold in a manner that will clear the aisleway when not in use and be held with a self-latching mechanism. Seats and backrests shall be at least 35.5 centimeters by 35.5 centimeters (14 inches by 14 inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the vehicle is in motion. Signs setting forth the latter three requirements shall be posted in both English and Spanish.

(H) A first aid kit approved by the Health Officer shall be provided and located in a convenient area in an enclosed case.

(I) All pressure cylinders shall be securely fastened to a rigid structure of the vehicle. All liquefied petroleum gas (LPG) equipment shall be installed as follows.

(1) The LP-gas tanks and relief valves shall be ASME-approved for intended use.

(2) Tanks shall be securely fastened and located where they will normally not be subject to damage. They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body.

(3) Tanks and regulators shall be separated from any open flame by a vapor-tight partition.

(4) When tanks are installed in a body compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met.

(a) All tank valves and fittings shall be readily accessible from outside the vehicle.

(b) The tank safety-relief valve shall be vented to the outside and directed downward.

(c) The filling shall be done through an outside door to the compartment.

(d) The compartment shall be vented to the exterior of the vehicle so as to prevent accumulation of gas.

(5) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials.

(6) Tubing exposed to friction shall be protected against chafing.

(7) Expansion and contraction bends shall be made in the tubing between the tank and the appliance.

(8) ASME-approved LP-gas tubing or standard weight pipe shall be used throughout.

(9) Protective “thread” caps shall be installed on fill-line check valves.

(10) Every appliance fueled by LP-gas shall be provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should be extinguished.

(J) A minimum five B.C.-rated portable fire extinguisher (UL or State Fire Marshal-approved design) shall be installed in plain sight and within easy reach, immediately inside the front driver’s door. The extinguisher shall be replaced or recharged after each use.

(Ord. 2297, passed - -1979)

In addition to the requirements specified in § 5.03.075, mobile food-preparation vehicles, which operate at more than one location in any calendar day, shall comply with the following additional requirements.

(A) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the vehicle in the event of a sudden stop, collision or overturn, or, as an alternative to this requirement, coffee urns shall be equipped with positive-closing lids as well as perforated-metal protective sleeves on the glass liquid-level sight gauges.

(B) Deep-fat fryers are prohibited, unless equipped with positive-closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the vehicle. Such lids shall be designed and constructed so as to prevent pressure build-up which could result in an explosion. All lids shall be kept positively closed while the vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish.

(C) Water bath or steam hot-food insert warming tables shall be provided with baffles to prevent surging in transit. All such tables, as well as dry-heat units, their insert food containers and similar equipment that contains hot liquids or hot foods shall have positive-closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision or overturn of the vehicle. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish.

(D) An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the vehicle, with unobstructed passage of 61 centimeters by 61 centimeters (24 inches by 24 inches) minimum to the outside, shall be provided. The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled “Safety Exit” in contrasting colors with at least 2.54 centimeter (one-inch) high letters.

(Ord. 2297, passed - -1979)

(A) The permit holder shall have the right to a hearing, on all violations listed in the notice. The permit shall, however, be suspended unless the Department receives from the permit holder, before 9:00 a.m. of the date specified under § 5.03.070(D) a written or oral request for a hearing, or notice that all violations have been corrected as specified.

(B) The hearing shall be held by the Health Officer or his or her duly authorized representative who is a qualified sanitarian, as defined in Cal. Health and Safety Code § 106600 and registered as provided in Cal. Health and Safety Code §§ 106635 and 106670, but shall not be the inspector who reported the violations or who inspected any corrective measures taken.

(C) The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall:

(1) Suspend the permit until it is corrected;

(2) Extend the time or modify the measures to be taken for correction before suspension;

(3) Declare that the violation has been corrected so as to comply with the applicable law; or

(4) Declare that there was no violation.

(Ord. 1915, passed - -1973)

It is a violation of this chapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the food-handling establishments described in § 5.03.010, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the establishment.

(Ord. 1915, passed - -1973)

Whenever an inspector finds insanitary or other conditions in the operation of any food establishment which, in his or her judgment, constitute an immediate and substantial hazard to the public health, he or she shall issue a written notice to the permit holder or person in charge of the food-handling establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as provided in § 5.03.070. Any person to whom such an order is issued shall immediately comply therewith; but, upon request made to the inspector who orders the suspension, or the Health Officer or his or her authorized representative, either personally or by telephone or in writing, he or she shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request.

(Ord. 1915, passed - -1973)

When any permit is first suspended hereunder, or when any food-handling establishment governed as defined in § 5.03.020 shall have been closed for business and left in an insanitary condition, the Health Department shall have the power to enter to ensure that the food-handling establishments are closed down in a manner which will not endanger the public health. If the permittee or his or her employee in charge cannot be found, or is unwilling or unable to remedy the condition of the food-handling establishment, the owner of the food-handling establishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition.

(Ord. 1915, passed - -1973)

The Health Officer may adopt and enforce rules and regulations necessary to administer this chapter, including regulations pertaining to:

(A) Forms for applications, permits and notices;

(B) Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits; and

(C) Inspections of food-handling establishments and reporting thereon.

(Ord. 1915, passed - -1973)

(A) Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than $25 and not more than $500 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

(B) If any section, division, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter. The City Council declares that it would have passed this chapter and each section, division, paragraph, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, divisions, paragraphs, sentences, clauses or phrases thereof be declared unconstitutional or invalid.

(Ord. 1915, passed - -1973)